Further to Strategic Trade Controls Circular No. 3/2023, this is to inform traders that the Import and Export (Strategic Commodities) Regulations (Amendment of Schedules 1 and 2) Order 2023 (“the Order”) will come into operation on 1 November 2023.
 

2.            The Order serves to amend the relevant schedules in the Import and Export (Strategic Commodities) Regulations (Cap. 60, sub. leg. G, hereafter “the Regulations”) to reflect the changes to the control lists adopted by leading international regimes and convention of non-proliferation of weapons of mass destruction.  At the same time, the Order extends the import, export, transhipment and transit control stipulated in the Regulations to articles regulated under the Arms Trade Treaty.  For details, please refer to the Order [Legal Supplement No.2 of the Gazette published on 19 May 2023 (L.N. 85 of 2023, No. 20, Vol. 27)] at the Gazette online (www.gld.gov.hk/egazette).
 

3.           Section 6A of the Import and Export Ordinance stipulates that no person shall import or export any article specified in the Schedules to Regulations except under and in accordance with a licence issued by the Director-General of Trade and Industry.  Any person who contravenes the provision commits an offence and is liable:

( a )     on summary conviction to a fine of HK$500,000 and to imprisonment for 2 years; and

( b )     on conviction on indictment to an unlimited fine and to imprisonment for 7 years.

The Trade and Industry Department may also impose administrative actions against these persons.  Such administrative actions may involve, but shall not necessarily be confined to, suspension of a licence, refusal to issue a licence, debarment of all licensing facilities, etc.


Enquiry
 

4.           For reference by traders, three lists of “Commonly Not-Controlled Items” (including commonly not-controlled Integrated Circuits, Electronic Components and Equipment, Computers, Computer Related Equipment and Software, and Telecommunications Equipment, Computer Networking Equipment and Related Accessories) are provided at Annex.  The lists contain updated information which is going to be effective when the Order comes into operation on 1 November 2023.   For further enquiries, please contact Classification Section of Strategic Trade Controls Branch at 2398 5587.  For information on licensing matters, please contact our Licensing Section at 2398 5575.

  
 
Strategic Trade Controls Branch
Trade and Industry Department